Tonya Smith vs. Caroline DeChant and Sheila Hill

R. Gregory Lewis (Charlotte, NC) (Automobile Liability) obtained a Defense Verdict in an automobile liability case. Plaintiff filed suit alleging that she was injured in two motor vehicle accidents that occurred on December 21, 2018. Defendant Hill rear-ended a rented vehicle operated by Kelvin Smith (Plaintiff’s then-husband) and in which Plaintiff was a passenger. Plaintiff did not report injury at the scene, and she and her husband went to a rental agency and exchanged the rental car due to minor rear-end damage. Plaintiff returned home, and later that evening drove with her husband to a restaurant for dinner. Upon leaving the restaurant, operator Kelvin Smith stopped at an intersection at a red light, intending to turn right. He admitted at trial that he began the turn, but stopped in the intersection for an approaching vehicle. Defendant DeChant had stopped her vehicle behind Smith’s at the light, and seeing him begin his turn, looked left to see if the way was clear, and began a right turn, running into the back of Smith’s vehicle, which DeChant testified came to a “sudden, suspicious stop for no apparent reason, as there were no cars approaching.” Property damage was minor. Plaintiff, again a passenger, reported no injury to the investigating officer, and did not seek medical attention until the following day when she reported to a local hospital, complaining of neck and low back pain. Plaintiff sought further care from her PCP and an orthopedist, who ordered physical therapy. Plaintiff subsequently was referred to an orthopedic surgeon who diagnosed right rotator cuff impingement syndrome and cervical degenerative disc disease. Medications, physical therapy, and cortisone injections proving ineffective in alleviating subjective complaints, Plaintiff underwent an arthroscopic procedure. Defendant obtained an independent medical review, and the orthopedic expert testified that Plaintiff suffered no injury from either car accident, in that there was no objective evidence on examination or diagnostic scans of any acute traumatic condition. He testified that her conditions were all degenerative and age-related, probably exacerbated by her job duties, and supported by the fact that she had bilateral shoulder degeneration. The jury deliberated for an hour and 15 minutes before returning a verdict, finding that the Plaintiff had not been injured by the negligence of either Defendant.